Rosen Sunshine’s Top 10 Posts of 2021

Each year Rosen Sunshine strives to provide its readers with up-to-date analysis of important developments in health and regulatory law in Ontario. Here we present the top 10 posts from 2020 which generated the most interest among our readers.



1. Surgeon Successful in Claiming Gender-based Discrimination at Hospital

A surgeon at an Ontario Hospital was successful in making a gender-based discrimination claim at the Human Rights Tribunal of Ontario.  Read More



2. Privacy Commissioner Issues Guidelines for Virtual Care Visits

The Information and Privacy Commissioner of Ontario released a practical set of guidelines for the health sector regarding conducting virtual health care visits. In this blog post, we review the key requirements. Read More



3. CPSO rejects joint submission on penalty for physician’s “deplorable actions and behaviour” during CPSO ordered practice assessment

The Discipline Committee of the CPSO made the rare decision to reject a joint submission on penalty in the case of an anesthesiologist who deceived a College assessor. In doing so, the Committee offered valuable insight into when it will reject joint submissions. Read More



4. New Policy Governs Third Party Medical Reports and Testimony by Physicians

The CPSO approved a new policy addressing physician obligations with respect to Third Party Medical Reports, and a companion Advice to the Profession document. In this blog post, we offer a detailed overview of expectations set out in the policy. Read More



5. Committee’s decision to take no action against OMA President for “victim blaming” upheld

In 2018, a physician’s post on Twitter referred to two other physicians using offensive and vulgar language. The President communicated with the OMA membership via email, and published a statement called a “President’s Update”. Read More



6. Decision Clarifies Independent Assessors’ Obligations to Accident Benefits Claimants

A decision of the Ontario Superior Court of Justice provides some important insights into the role and obligations of assessment companies and individual assessors in the accident benefits regime under the Statutory Accident Benefits Schedule. Read More



7. Physician suspended after being prohibited from issuing Covid-19 medical exemptions

The Toronto Star reports that the Inquiries, Complaints and Reports Committee of the CPSO has suspended a physician whom it previously barred from issuing medical exemptions for COVID-19 vaccines. Read More



8. Alberta Surgeon Found Guilty of Professional Misconduct for Hanging a Noose in the Hospital

A case before the Hearing Tribunal of the College of Physicians and Surgeons of Alberta found that a physician’s conduct, in taping a piece of rope knotted into the shape of noose onto an operating room door, constituted unprofessional conduct. Read More



9. Health professionals can face disciplinary action for not properly protecting passwords and access to patients’ health information

The case of a family doctor in Quebec, who did not restrict staff and colleagues’ access to her password and electronic health records portal, highlights the importance of safeguarding patient records and other health data. Read More



10. Court Rules that Jury Members Must be Vaccinated

On August 25, 2021 the Ontario Superior Court of Justice issued a ruling that individuals who are not vaccinated for COVID-19 will not be eligible to sit on the jury for an upcoming murder trial, providing insight into the limited privacy protection afforded to an individual’s vaccination status. Read More



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